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Zaimi rape trial: Judge won't let D.A. Levy testify

District Attorney Adam Levy is prosecuting restaurant owner Lani Zaimi in the rape of a waitress. But the defense wants to call Levy as a witness, hoping to question him about whether the Zaimi prosecution was payback for Sheriff Donald Smith arresting Levy's personal trainer Alexander Hossu on child-rape charges.

Zaimi rape trial: Judge won't let D.A. Levy testify

The defense in the Putnam rape trial of Lani "Ariano" Zaimi sought to call District Attorney Adam Levy as a witness, hoping to put forth its theory that the prosecution of Zaimi — a supporter of Sheriff Donald Smith — was retaliation for the arrest of Levy's personal trainer.

But Putnam County Judge James Rooney denied the request Friday morning.

Zaimi, 44, is accused of raping an 18-year-old waitress at his restaurant in Mahopac, Ariano's Trattoria, early on July 31. He is charged with third-degree rape, criminal sex act and unlawfully dealing with a child.

On Thursday, defense lawyer George Galgano wrote to Rooney seeking permission to call Levy to the stand. The lawyer contends that Levy pushed the prosecution of Zaimi while he was weathering a media storm regarding his own behavior in the wake of his former trainer's arrest by Smith's investigators.

The trainer, Alexandru Hossu, was arrested a year ago by the Sheriff's Office, accused of raping the 13-year-old daughter of his former girlfriend in 2010. Levy recused his office from the case once the investigation was underway. But he stayed involved in Hossu's defense behind the scenes and has suggested the arrest was part of Smith's vendetta against him.

Zaimi was a vocal supporter of Smith and sat on the sheriff's advisory board.

"The Zaimi case is DA Levy's response to the Hossu case," Galgano wrote. "I would bet my law degree, four fingers and foot that DA Levy was also exerting pressure on the Carmel Police Department and ADA (Danielle) Pascale to secure a swift indictment" so that the arrest and the "Zaimi-Smith nexus" could be publicized.

Galgano suggests that the two Carmel detectives who investigated the waitress's claims were not properly trained in sex-offense investigations and that the case was quickly presented to a grand jury despite the woman's initial suggestion that she hadn't objected to Zaimi having sex with her.

On Friday, he expressed disappointment with the judge's ruling.

"I certainly think that the ruling prevents Mr. Zaimi from presenting a defense and establishing why it is he is here in the face of a victim who admits she was never raped," Galgano told The Journal News.

The woman claims that Zaimi gave her alcohol at his Carmel restaurant, Ariano's II, then drove her to the Mahopac business where the incident took place. She initially told police that she had not tried to fight back or demand that Zaimi stop because "it wasn't violent or forceful, it was all just creepy. ... I kind of just let it happen."

The woman said Zaimi gave her $200 afterward. Although she had consumed alcohol she said she was not significantly impaired but said she felt pressure because Zaimi was her boss and she needed the job.

The defense contends Zaimi, who is married and has a teenage daughter, had consensual sex with the woman. But in a taped conversation with a Carmel sergeant — played in court on Thursday — Zaimi initially claimed that he never had sex with her and that she had never been in his car.

The trial resumes at 10 a.m. Monday, when Galgano may call Zaimi as the final witness for the defense. Galgano asked Rooney for the weekend to decide whether Zaimi will testify.